Episode 19 "The Silent Epidemic"

Episode 19 explains why domestic violence is a true crime and a silent epidemic. In True Justice Stocker reacts to the first contempt order, and Arnie decides whether to represent the accused cop killer.

Transcript

SPEAKER_01 0:04

The Smoke and Gamble Podcast is now in session. I'm retired Judge Chip Small, presiding over this podcast with my bailiff, Madeline Rose. We welcome you and ask you to join us as we look at our justice system from a unique, candid, and inside view. Maddie, what's on the docket today?

SPEAKER_00 0:21

Judge, today you will share with us your first encounter with domestic violence after you became a judge. You will also explain to our listeners why domestic violence is characterized as a silent epidemic. We will also continue the story of true justice. Judge, in our last episode, you shared with our listeners the reasons why domestic violence victims choose to stay with their abusers. You also told us the sad tale of one of your tenants who tried to leave her abuser. I noticed too that DV occurs in both of your novels, Stark Justice and True Justice. I know you're also on the board of our local domestic violence protection advocacy organization. Why is domestic violence such a concern for you?

SPEAKER_01 1:04

When you think about it, Maddie, domestic violence is a true crime, but it's rarely talked about. After all, by its very definition, it's domestic. It's violence occurring between family members and intimate domestic partners. Many times the persons involved do not want to talk about it, but they do want the violence to stop. By discussing it on our podcast, I hope victims come to understand that it is not their fault and there are ways to end the violence.

SPEAKER_00 1:37

And I wonder if that's a reason why people get bigger punishments for domestic violence rather than a simple bar fight or you know just beating somebody randomly up. Because I do know that there is more repercussions for domestic violence, correct?

SPEAKER_01 1:54

I I believe so. And and uh it it's really difficult from a judge's perspective to see these families repeatedly, because it uh many, many times the victim goes back to the abuser. Fortunately for me, I'd never witnessed domestic violence being perpetrated in my family, although my sister reportedly was a victim of her then husband. When I was a lawyer, the few family law cases I handled did not involve domestic violence. However, I did have a real estate case that sadly was a result of domestic violence.

SPEAKER_00 2:33

How could a real estate case be the result of DV?

SPEAKER_01 2:37

Well, my my client came to me to prepare a deed to transfer ownership of his home to his soon-to-be ex-girlfriend. He related how he had become a domestic violence victim while she was living with him. He even remodeled a portion of his home to satisfy her. When the violence continued, being a man, and he wasn't a frail man, he was a well-built guy, he refused to report her, but wanted the violence to stop. He decided the only way it would stop was if he left town. So he asked me to prepare a deed giving this woman his house. People go to great lengths to continue to keep DV a silent epidemic.

SPEAKER_00 3:23

That's interesting that you bring up a situation where it's a woman hurting a man because typically it's the other way around, which is respectful. Um you know, I I personally I did have an ex where I did experience domestic violence, and I did experience the police coming, and I did experience me recanting my um accusations, which were true, but No, I I r I really do respect this. It does go both ways.

SPEAKER_01 3:50

So Well, unfortunately, the the vast majority of victims are are women.

SPEAKER_00 3:57

No, it's good it's good to show both sides, though. It really is, because it it does go both ways. I can admit after I experienced it myself that I started hitting back a bit, and that was never a healthy thing. So, you know, whether or not man, women, whoever, maybe there's something in their background where they were hit and now they're lashing out for some sort of feel of power. Not that that's an excuse, of course, just you know, maybe psychoanalyzing a little bit here.

SPEAKER_01 4:26

Well, maybe when we uh talk to Bethany in our next podcast, she can explain the cycle of violence. Because it seems to repeat within a f within families and generations, even.

SPEAKER_00 4:37

Yeah. It's genetic, right?

SPEAKER_01 4:40

No.

SPEAKER_00 4:41

Well, I don't know.

SPEAKER_01 4:43

It's learned behavior.

SPEAKER_00 4:44

Okay, okay, no, that's fair. That's fair. Learned behavior. Yeah, there we go. Einstein, maybe. I don't know. Who is that that that taught that one?

SPEAKER_01 4:52

I don't know.

SPEAKER_00 4:54

Okay, moving on.

SPEAKER_01 4:56

Okay, so when I took the bench, my first day at work, I was confronted with a woman seeking a protection order. She came to the door of our judges' chambers in tears with two black eyes. The afternoon of the same day, another woman came to our chambers seeking a protection order. She apologized that she couldn't come sooner because she first had to have her broken arm put into cast.

SPEAKER_00 5:23

That's really hard. And you know, she probably had some insecurities about it too, because that that's such a scary thing. I bet some women think, oh, because he hurts me, he loves me more or whatever, and they they want to, they don't want to be alone, they're afraid, right? Like we were talking about in the last podcast. So let's talk about the justice system here more.

SPEAKER_01 5:44

Well, it's uh to me, that first day on the job, having those women come for help from the court, um it was shocking. I mean, I had the experience with my former tenant, had the experience with my former client, but I had no idea how pervasive DV was in our community. And in many ways, our justice system is ill-equipped to solve the problem. But that doesn't mean those in the system aren't trying. We have laws that require police to arrest perpetrators if the officer determines within 24 hours of the event that there was an incident of DV and who the primary aggressor was. Courts have allowed evidence of continuous abuse as a defense for victims who lash out at their perpetrators, known as the battered woman syndrome. Most often the courts are involved by issuing protection orders, and in many cases ordering the perpetrator into counseling.

SPEAKER_00 6:43

Well, back to the point of where a lot of women recant what they said because the guy coes and apologizes and she wants to get back together and everything be happily ever after. But that is usually not the case. So in that case, time for a recess, Judge. The Smoking Gavel Podcast is sponsored by Gatekeeper Press and Judge Small Books, the publisher of Judge Small Books. You are not a lawyer anymore, a primer for those who want to be a good judge, Stark Justice, and true justice. For more information, listeners of our show are invited to visit his website at Judgesmallbooks.com. Feel free to send us your comments and questions you'd like us to cover in future podcasts at Judgesmallbooks.com.

SPEAKER_01 7:26

And following up uh on your comment before the recess, Maddie, many times we would issue the temporary order of protection, but no one would show up at the hearing. So then the protection order expires.

SPEAKER_00 7:40

Right, right. Because it's something that's happening in the heat of the moment and the violence stopped. Well, a lot of time women who are being abused, you know, maybe they don't have always the best support system or the knowledge or the education to help themselves. So I mean that's why we have great places like Sage.

SPEAKER_01 7:59

Aaron Ross Powell Yeah. Before we continue with the story of true justice, I'd like to advise our listeners that in our next episode we will have as our guest the executive director of our local advocacy organization to share with us the resources that are available to victims of domestic violence. With that, let's continue with True Justice. Part two Chapter seventeen Ten year old Carl Stalker watches his father aim his twelve gauge shotgun just above and between the eyes of the pig. After shooting it, he immediately sticks it with a knife in the neck while its heart is still beating, so it bleeds out well. The sweet scent of pig's blood hangs in the air as Carl watches his father hang the pig in the air from the bucket of his tractor's front end loader. Carl washes the blood off the hung carcass with a hose. He then watches his father skin the pig using first his buck one hundred ten knife and then a German made skinning knife handed down from Carl's grandfather. Carl's father pauses to sharpen the skinning knife, lecturing his son. A sharp knife is a happy knife. After his father decapitates the pig using a reciprocating saw, Carl can hardly wait to watch his father disembowel the pig, removing the intestines, liver, diaphragm, heart, and lungs. Stalking a rabbit in the field of his father's farm, Carl shoots it with his twenty two rifle. He proceeds to skin it and disembowel it to his delight. He feeds the guts to his closest friend, the family Rottweiler. The next day he does the same with the neighbor's cat found prowling nearby. During lunch at school the following day, Carl brags about what he did to the neighbor's cat to his fellow bullies. At the next table, a girl bursts into tears when she overhears his story. She runs out of the cafeteria straight to the principal's office. When Carl gets home, his parents are waiting. His mother is in tears, quietly urging Carl's father to do something. Out in the barn with only his father, he screams as his father pretends to hit him with a large switch. His mother cowers in the kitchen as she hears the cries of her son. After several minutes, his father yells unconvincingly Don't ever do that again. Then he whispers while rubbing the crew cut on Carl's head. Don't ever get caught again. Once again, Carl is in the principal's office, this time for fighting. He was challenged by a friend of the neighbor girl who lost her cat. Carl knocked the boy to the ground onto his stomach. Then Carl straddled him, grabbed his long hair, and proceeded to ram his forehead repeatedly into the asphalt of the basketball court. Blood was streaming down the boy's face by the time the fight was broken up. The classmate almost lost consciousness. After Stalker was pulled off the boy, he stood there beaming at his buddies. From that point on, Stalker was homeschooled, primarily by his father, who taught him the mechanics of running a farm. Eventually he was able to enter an apprentice program at the local dam. On the day of the hearing after Stalker is held in contempt of court, he drives up to his daughter's school. As they pile into his four-wheel drive pickup, Stalker asks his daughters, How would you like to go fishing this weekend?

SPEAKER_00 11:50

Adams Law Office, may I help you?

SPEAKER_01 11:53

Judy, the receptionist, cheerily answers the phone.

SPEAKER_00 11:56

I need to speak with Mr. Adams right away.

SPEAKER_01 11:59

Beverly insists.

SPEAKER_00 12:00

Who may I say is calling? Beverly Campbell.

SPEAKER_01 12:04

Never having heard of or seen Ms.

SPEAKER_00 12:06

Campbell, Judy asks, May I tell him what this is regarding? My ex, Carl Stalker. He'll know why I'm calling. Let me see if he's available, ma'am.

SPEAKER_01 12:17

Yes, Miss Campbell, how did your weekend with your daughters go? Arnie asks.

SPEAKER_00 12:22

It didn't.

SPEAKER_01 12:23

She says resignedly. What do you mean it didn't? Arnie says, surprised.

SPEAKER_00 12:29

Carl never brought the girls. After waiting an hour, I tried calling him and his phone went to voicemail. I tried calling him all weekend long. He never answered. I drove by his house and didn't see his pickup. I just got off the phone with the school, and all three girls are in school today.

SPEAKER_01 12:45

I see. Exasperated, she mumbles.

SPEAKER_00 12:49

I told you he won't follow orders.

SPEAKER_01 12:51

Beverly begins to cry. Well, it's my job to see that he does, Arnie states flatly. You love your daughters.

SPEAKER_00 13:00

More than anything in the world.

SPEAKER_01 13:02

She laments. Considering what a belligerent scofflaw Stalker is, Arnie knows he must get him back into court pronto. Can you come to court this Friday morning? Arnie asks her.

SPEAKER_00 13:15

I'll have to ask my boss, but I'm pretty sure she'll let me.

SPEAKER_01 13:18

Good. This is what we'll do. I want you to be there, and I want you dressed in your Sunday best. No tears, just a look of determination and love for your girls. You won't have to look at Carl at all. Just the judge. You won't have to testify either, Arnie tells her earnestly.

SPEAKER_00 13:38

What good will it do?

SPEAKER_01 13:40

Last time we asked the judge for jail sanctions, but she only imposed a one thousand dollar fine and even suspended that. This time she'll have to order him to pay the fine and will ask for jail sanctions again.

SPEAKER_00 13:54

He's going to be angry.

SPEAKER_01 13:57

Do you think he wants to go to jail?

SPEAKER_00 13:59

No way. Carl will never do that.

SPEAKER_01 14:02

Then trust me, if we get those jail sanctions ordered, then he'll have to let you see the girls. After reassuring Beverly, Arnie immediately prepares the necessary paperwork, which includes an ex party order shortening the time for the second contempt hearing. Maria interrupts him, holding what appears to be a court document from the state versus Arturo Azul case.

SPEAKER_00 14:25

Are you really going to do this?

SPEAKER_01 14:27

She asks Arnie, handing him the document. Glancing at the proposed order appointing attorney, Arnie looks at Maria. I've given it a lot of thought and prayer, Maria, and I was impressed by Arturo.

SPEAKER_00 14:40

It's not because you'll be Stephanie's co-counsel.

SPEAKER_01 14:43

She raises an eyebrow at her boss. Not at all, Arnie huffs. His life is at stake here.

SPEAKER_00 14:52

Okay, boss. I hope. I hope you can afford it.

SPEAKER_01 14:56

Knowing the Azul family, Maria is secretly proud of him for taking the risk to his practice by defending an alleged cop killer, but she worries about how much the rest of his practice may suffer. Chapter 18. The next day, Stephanie and Arnie meet in her office's tiny conference room.

SPEAKER_00 15:19

Arturo's arrangement is not until next week. We need to divide the workload between us. I'll handle the initial discovery requests. I know the state has already provided us with a number of reports, but we have to make sure we have everything they have.

SPEAKER_01 15:34

Understood, Arnie says, admiring Steph's determination. Is that a new fragrance she's wearing? He wonders to himself. Refocusing, Arnie asks, What is it you want me to do?

SPEAKER_00 15:47

Brushing her hair back, she looks at him and says It's obvious we won't be ready to try this case within sixty days of the arraignment. Which the rules require to ensure the defendant's right to a speedy trial. So I need you to prepare a waiver of speedy trial for Arturo's signature. You can take it to the jail by yourself to have him sign it. That way he'll get to know you better too.

SPEAKER_01 16:09

Anything else? He smiles.

SPEAKER_00 16:11

I was thinking that considering my experience handling death cases, I will focus on discovery, evidence, and procedure. You're a people person, and I already get the feeling Arturo trusts you. Also, you told me your office manager, Maria, knows the Azul family.

SPEAKER_01 16:27

That's true.

SPEAKER_00 16:28

This is a death case. I mean, you know, Arturo's life is in our hands.

SPEAKER_01 16:32

You don't have to remind me. Arnie interrupts.

SPEAKER_00 16:36

I know, I'm sorry. I'm just thinking out loud. Anyway, first a state must prove its case. If it can do that, and hopefully that's a really big if, the second part of the case is the penalty phase. The jury will be asked in a separate trial immediately following a guilty verdict, whether Arturio should be put to death or given life without any possibility of parole.

SPEAKER_01 16:57

You want me to be the lead on the penalty phase? Arnie anticipates.

SPEAKER_00 17:01

Exactly.

SPEAKER_01 17:02

She smiles.

SPEAKER_00 17:04

I knew we'd make a great team.

SPEAKER_01 17:06

How am I going to get paid? Arnie asks the question more for him to be able to tell Maria rather than out of his own concern.

SPEAKER_00 17:15

Is money his main concern? No, he is in private practice and has to keep the lights on. Good question. I almost forgot. Together we need to work up a defense budget to submit to the court for approval.

SPEAKER_01 17:27

I can do that. I did that for insurance companies when I did insurance defense work. And now I do it for my individual clients.

SPEAKER_00 17:35

We'll need to obtain estimates from the various experts we anticipate we'll need. Number one on your list will be hiring a mitigation specialist. There aren't many qualified in our state. Judge Garfield is a stickler when it comes to expending public funds, so we'll need to get estimates from all of them. He won't necessarily make us hire the cheapest one, but I'm sure he won't allow us to use the most expensive.

SPEAKER_01 17:57

What exactly do they do?

SPEAKER_00 17:59

They coordinate all the sources for Arturo's social history. We use him to do an extensive background check on Arturo. We want the jury to know that Arturo may have done a bad thing, a horrendous thing, but that he is a good person that doesn't deserve the death penalty.

SPEAKER_01 18:14

Who else? Ernie S.

SPEAKER_00 18:16

I'll get numbers from the pathologist to review the coroner's findings. We may need a ballistics expert. I know who the court has approved in other cases. We should get a scientific pollster to determine if Arturo can get a fair trial in Franklin County. Depending upon the results of that poll, we may move for a change of venue. If we do go to trial, then I'll want to retain a jury consultant to assist in selection of the jurors. You'll want to retain a neuropsychologist and or a forensic psychologist to rule out any insanity defense he may consider and to help in the penalty phase. We also need a social worker to assist in working up Arturo's social history and evaluate his family dynamic.

SPEAKER_01 18:53

Sounds like we'll be spending a lot of money, Arnie muses.

SPEAKER_00 18:57

No doubt.

SPEAKER_01 18:58

Steph agrees.

SPEAKER_00 18:59

The last death case I was lead counsel on, the preliminary budget approved was for close to $700,000.

SPEAKER_01 19:06

Arnie whistles. That was in the big city. How can Franklin County afford that?

SPEAKER_00 19:12

If they want to pursue the death penalty, they must be willing to pay for it. Besides, the state has funds earmarked for these types of cases to assist the smaller counties.

SPEAKER_01 19:22

Knowing he already agreed to a rematch with Kate on Saturday afternoon, Arnie asks, We're done for now?

SPEAKER_00 19:30

I guess so.

SPEAKER_01 19:31

How about we have dinner Friday night? Stephanie hesitates before answering.

SPEAKER_00 19:35

Why not?

SPEAKER_01 19:36

She tells herself.

SPEAKER_00 19:38

Okay, but on one condition.

SPEAKER_01 19:40

What's that?

SPEAKER_00 19:41

My treat this time.

SPEAKER_01 19:43

Listeners, you've now heard how Carl Stalker reacted to the judge's order against him. And you've found out that Arnie has agreed to help represent the accused cop killer, Arturo Azul. As I mentioned earlier in our next episode, you'll hear from our first guest of our podcast, Bethany Al-Dahari. Listeners, you may recognize Bethany's name. She is the woman who fled Saudi Arabia with her daughter and was later granted permission to defy a Saudi custody order because of serious risk of death if she returned to Saudi Arabia. She will tell us about what resources battered women have available to them to end the violence. Thanks for listening today. We hope you enjoyed this episode of the Smoke and Gavel Podcast. To learn more, visit judgesmallbooks.com. Don't forget to like, subscribe, or share to stay connected. Also, don't hesitate to send us questions. Until next time, God bless.